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(영문) 인천지방법원 2018.07.06 2018고합269

특정범죄가중처벌등에관한법률위반(관세)

Text

A defendant shall be punished by imprisonment for two years and by a fine not exceeding 204,492,260 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

Any person who intends to import goods shall file a report thereon with the head of a customs office on the name, standard, quantity, price, etc. of the relevant goods.

However, on March 2016, the Defendant: (a) received a proposal from “C” in order to transfer gold bars transported by crew members of Vietnam, and sold it to the designated person in Korea; and (b) conspired to commit the crime of smuggling by accepting the proposal that “the sales proceeds will be delivered again to crew members.”

On October 28, 2016, the Defendant, according to the above public offering, carried in a total of 6,020gs (cost of 204,492,260 won, market price of 310,306,920 won) of 7 gold bars held by E, a D air crew member of D aviation, from the territory of Vietnam to the Incheon International Airport, from the territory of Vietnam, and decided to receive and dispose of them within the Republic of Korea, but the said E was discovered in the course of the inspection of personal effects carried by customs employees.

Accordingly, the Defendant conspiredd with E, etc. to commit the crime of smuggling.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on investigation (Attachment of judgment for a crime committed);

1. Seizure records, etc.;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Investigation report (calculated of the market price of gold);

1. Application of response legislation as a result of the analysis;

1. Article 6 (7), Article 6 (2) 2, and Article 6 (6) 2 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes against the crime, Article 271 (2), the main sentence of Article 269 (2), Article 269 (2) 1, Article 241 (1) of the Customs Act, Article 30 of the Criminal Act (a fine equivalent to twice the cost of imported goods shall be concurrently imposed);

1. Article 53, Article 55, Article 55, Article 55, Article 55, 5, 5, 5, and 6 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The crime of importing secret import for the reason of sentencing under Article 334(1) of the Criminal Procedure Act infringes upon the State’s right to impose and collect customs duties.